He ordered particulars relating to Patel's pre-operative care of Mervyn Morris in 2003 be struck out.

Mr Morris died in post-operative care after undergoing surgery at the Bundaberg Base Hospital.

Justice Fryberg also struck out the particular alleging the death was a consequence of Patel not correctly ascertaining Mr Morris's fitness for operation and not diagnosing the cause of Mr Morris's rectal bleed.

The Crown must file new particulars regarding Mr Morris's heart and liver disease.

Patel is scheduled to face trial for Mr Morris's manslaughter on February 6.